Hernando HMA, LLC v. Erwin

The panel agrees that the trial court relied on the incorrect legal standard in granting Respondent’s motion to amend the complaint to add a claim for punitive damages. Our disagreement is whether Petitioner preserved that issue for appellate review. I would hold that Petitioner preserved the issue and grant the petition.

In granting Respondent’s motion to amend, the trial court relied on this Court’s opinion in Estate of Despain v. Avante Group, Inc., 900 So.2d 637 (Fla. 5th DCA 2005), which, pursuant to section 768.72, Florida Statutes (1999), allowed a plaintiff to establish the vicarious…